Under MCL 750.227d, it is a crime for a person to transport or possess a firearm in or upon a motor vehicle. However, the law does allow some exceptions. The law applies to firearms (other than pistols) and pneumatic guns that expels a metallic BB or metallic pellet greater than .177 caliber. Michigan law generally prohibits carrying a firearm in a motor vehicle while being operated, whether concealed or not concealed, unless that person has a concealed pistol license (CPL) or is a licensed firearm dealer lawfully transporting a firearm or an agent of such a licensee.

It is not a violation of the statute if the firearm is unloaded and one or more of the following applies:

the firearm is taken down

enclosed in a case

carried in the trunk of the vehicle

inaccessible from the interior of the vehicle

Penalties

Carrying a loaded firearm in or upon a motor vehicle is a misdemeanor punishable by up to 90 days in jail and/or a fine up to $100 plus costs.

Altering, Removing, or Obliterating Identification Marks on a Firearm

Under MCL 750.230 it is unlawful for a person to willfully alter, remove, or obliterate the name of the maker, model, manufacturer’s number, or other marks of identification of a pistol or other firearm. Any person who violates this statute is guilty of a felony punishable by up to two years in prison and/or a fine up to $1,000 plus costs. The law also states that anyone in possession of a firearm with altered, removed, or obliterated marks is presumed to be the person who altered, removed, or obliterated them. However, this particular provision was ruled unconstitutional in 1978 as the burden of proof lies solely with the prosecution.

Michigan Firearm Defense Attorney

Being charged with a firearm or weapons violation can have serious consequences including jail, prison, loss of gun rights, mandatory forfeiture of the firearm, not to mention red flags for future employers. Firearm charges are treated very seriously by prosecutors and judges and many will not offer reductions or plea agreements. You don’t have to let a gun charge ruin your future. If you have been charged with a firearms crime, contact Austin Legal Services, PLC today at (517) 614-1983 to speak to a Michigan firearm defense lawyer!

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